This chapter is enacted under the authority of § 10
of the Municipal Home Rule Law of New York State, the Waterfront Revitalization
of Coastal Areas and Inland Waterways Act,[1] and applicable sections of the New York State Navigation
Law.

The intent of this chapter is to regulate the speed,
use, operation, anchoring, and mooring of vessels, and the use of
waters within the jurisdiction of the City of Beacon in a manner to
protect and promote the public health, safety and general welfare.

This chapter
shall apply to all waters within the jurisdiction of the City of Beacon,
including the Fishkill Creek from the confluence with the Hudson River
upstream to the South Avenue bridge and the waters of the Hudson River
that are within a distance of 1,500 feet from the City's shoreline.
These waters shall be known as the "City of Beacon Harbor Management
Area."

Any vessel not moored, anchored or made fast to the shore
and left unattended for a period greater than 24 hours, or left upon
private property adjacent to the Harbor Management Area without consent
of the property owner, for a period greater than 24 hours.

The designated navigation channel in the Hudson River authorized
by an act of congress, specifically reserved for the unobstructed
movement of vessels and which is marked in water by aids to navigation
maintained by the United States Coast Guard.

Any structure constructed on a raft, barge, hull or other
platform and moored or docked in the Harbor Management Area and used
primarily for single or multiple-family habitation or as the domicile
of any individual(s).

The area encompassing all waters designated by the Local
Waterfront Revitalization Area within the jurisdiction of the City
of Beacon, including Fishkill Creek from the confluence with the Hudson
River upstream to the Wolcott Avenue Bridge and the waters of the
Hudson River that are within a distance of 1,500 feet from the City's
shoreline, and as depicted on the City's Official Harbor Management
Map on file in the City Harbor Master's office. These waters shall
be known as the "City of Beacon Harbor Management Area."

This chapter of the City of Beacon establishing rules and
regulations for the use and enjoyment of the waters of the City of
Beacon Harbor Management Area and the lands immediately adjacent to
the Harbor Management Area.

The attachment of or to attach a vessel to a pier or dock
or other structure or the attachment of or to attach a vessel to the
ground by means of tackle so designed that, when such attachment is
terminated, some portion of the tackle remains below the surface of
the water and is not under the control of the vessel or its operator.
The term "mooring" shall also include the placing of a boat at anchor
for more then 12 hours consecutively.

Conflict with other laws. In any case where a provision
of this chapter is found to be in conflict with any other local provision,
the article setting the higher standard in promoting the general public
welfare shall be used.

Enforcement. Authorized public servants of the City
as designated by the Mayor with consent of the City Council, the City
Police Department, the State Police, the Dutchess County Sheriff's
Department, and any other police or peace officer as defined in the
New York State Criminal Procedure Law shall have authority to enforce
the provisions of this chapter.

A person who violates any of the provisions of or
fails to comply with any conditions imposed by this chapter shall
have committed a violation, punishable by a fine not exceeding $350
for a conviction of a first offense and punishable by a fine of $700
for a conviction of a second or subsequent offense occurring within
a period of five years. For the purpose of conferring jurisdiction
upon courts and judicial officers, each week of continuing violation
shall constitute a separate additional offense.

The City Attorney is authorized and directed to institute
any and all actions and proceedings necessary to enforce this chapter.
Any civil penalty shall be in addition to and not in lieu of any criminal
prosecution and penalty.

Liability. Persons using the waters within the limits
of the Harbor Management Area shall assume all risk of personal injury
and loss or damage to their property. The City of Beacon assumes no
risk on account of accident, fire, theft, vandalism or acts of God.

Except as otherwise provided in this chapter,
no person shall place, locate, construct, maintain, expand or use
any dock, pier, boathouse, structure or mooring buoy in any waters
within the Harbor Management Area without a building permit issued
in accordance with this chapter, the City of Beacon Zoning Ordinance,
and any other applicable local laws. Docks, piers, boathouses, or
other structures under 200 square feet in area shall be exempt from
the requirement for a building permit but shall comply with all other
provisions of this chapter, the City of Beacon Zoning Regulations,
and any other applicable local laws. Failure to comply with this section
is a violation of this chapter. These permits are not transferable.

Establishment. The office of the City Harbor Manager
may be established by the Mayor with the consent of the City Council.
If established, the Mayor, with the consent of the City Council, shall
appoint a Harbor Manager on an annual basis.

Powers and duties. It shall be the duty of the Harbor
Manager, or other public officer of the City so appointed by the Mayor
with the consent of the City Council, to enforce the provisions of
this chapter. The Harbor Manager or the Harbor Manager’s designee,
or other public officer of the City so appointed, shall:

Examine
all applications for all permits and issue permits only for construction
and uses therein in accordance with the requirements of this chapter
and also other laws, rules and regulations of the City enforced at
the time of application.

Establish
a permanent management structure for harbor activities, operations
and implementation actions consistent with the provisions of the City’s
Local Waterfront Revitalization Program and Harbor Management Plan.

Form
and content of application. In any instance in which a permit is required
by this chapter, an applicant shall submit an application on a form
prescribed by the Harbor Manager or other public officer of the City
so appointed. The application is hereby submitted with a fee as set
forth in the City of Beacon fee schedule,[1] accompanied by a plot plan drawn to scale, adequately
dimensioned, showing the location of all existing docks, piers, boathouses,
structures, mooring buoys, aids to navigation, abandoned vessels,
anchorage areas, navigation channels or fairways. The applicant shall
provide such other information as the Harbor Manager may require,
including but not limited to filings with or permits from federal,
state, City or county authorities, description of the manner of construction
and installation, the materials to be used, evidence of ownership
or possessory right, by easement, license, right-of-way or other,
regarding the abutting shoreline and grant or leases pursuant to Article
6 of the Public Lands Law of the State of New York, regarding lands
under water.

Issuance of permit. If the proposed activity conforms
to all requirements of this chapter and does not impair navigational
safety or unreasonably restrict public or private access to, on and
within navigable waters within the Harbor Management Area, the Harbor
Manager, or other public officer of the City so appointed, shall issue
a permit for a one-year period commencing upon approval of the permit.

Scheduling. The scheduling of all tour boat berthing
and departure times, dock usage and tourism-related events shall be
through the Office of the City of Beacon Harbor Manager or City Administrator.
Such scheduling will be on first-come, first-served basis and as determined
by the City of Beacon.

General. The Harbor Manager or City Administrator
and owner shall enter into a hold-harmless agreement with the City
of Beacon and provide the necessary insurance certificates and registration/docking
fees at the time of the scheduling of the usage of the dock.

The purpose of this deposit is to assure that the dock and surrounding
waterways are kept undamaged and clean of debris from the boat operation
or boaters at all times when the boat is docked and upon arrival or
departure of the boat. If damage or debris is found on the dock or
around the waterway of the boat, and it is determined by the Harbor
Manager that such damage or debris is because of the subject boat
or boaters, this deposit will be used to repair and/or clean up the
dock and waterway as necessary and will be nonrefundable.

Nothing contained herein shall prevent the City from charging the
owner and/or operator of the boat such additional fees as are incurred
by the City to clean up or repair the dock and waterway as determined
necessary in the Harbor Manager’s sole discretion.

Site verification. Prior to entering the harbor area
and the slipway leading to the ferry dock from the Hudson River, the
Harbor Manager or City Administrator and owner shall physically visit
the site, examine all existing conditions, including but not limited
to verifying the water depth, checking for underwater obstructions,
checking the width and length of the slipway approach, checking the
berthing conditions, and checking all other conditions that will affect
the operation of the boat during berthing and departure. The Harbor
Manager or City Administrator and owner shall perform the site verification
work prior to entering into the hold-harmless agreement with the City
of Beacon. By signing the hold-harmless agreement, the Harbor Manager
or City Administrator and owner state that they accept the docking
conditions found and hold the City of Beacon harmless from all injuries
and damages resulting therefrom.

No person shall cause any barge, boat, ship or other
vessel to be made fast to the public dock known as "Beacon Ferry Pier"
or to be made fast to any ship or vessel lying at such dock without
first obtaining a permit pursuant to this section.

The application as referred to in Subsection A of this section must be submitted to the office of the City Administrator at least two weeks prior to the date when the dock is sought to be used. The Harbor Manager or City Administrator shall have the discretion to approve or disapprove a permit or to subject the permit to such conditions as he deems necessary to protect the public health, safety, convenience and welfare.

Each permit issued by the Harbor Manager or City Administrator
shall state the date and time that the use of the dock is permitted.
No permittee shall utilize the dock outside of the time set forth
in his permit unless the Harbor Manager or City Administrator shall,
in his discretion, approve of an extension of the permit for good
cause shown. Any such extension shall be made in writing and endorsed
upon the original permit.

Dangerous operation prohibited. No person shall operate
any vessel in any manner that unreasonably interferes with the free
and proper use of the Harbor Management Area or any property on, in
or contiguous to the Harbor Management Area, or which endangers the
users of the Harbor Management Area.

No person shall operate or permit the operation of
a vessel within the Harbor Management Area unless such vessel is required
by law to be registered and numbered and bears a current validation
sticker in accordance with the provisions of the New York State Vehicle
and Traffic Law, if so required.

Every person operating a registered vessel shall,
upon demand of any peace officer, federal officer or other person
having authority to enforce the provisions of this chapter, produce
the certificate of registration for inspection. Failure to produce
the certificate of registration shall not be an offense, but shall
be presumptive evidence of operating a vessel which is not registered
as required by the New York State Vehicle and Traffic Law.

Every operator registered of a vessel shall at all
times navigate the same in a careful and prudent manner in such a
way as not to unreasonably interfere with the free and proper use
of the navigable waters of the Harbor Management Area or unreasonably
endanger any vessel or person. Reckless operation is prohibited as
is operation under the influence of controlled substances.

No person shall operate a vessel within the Harbor
Management Area at a speed greater than is reasonable and prudent
under the conditions and having regard to the actual and potential
hazards then existing.

Mufflers. No person shall operate a power vessel without
having the exhaust from the engine run through a muffling device,
so constructed and used as to muffle the noise from the exhaust in
a reasonable manner.

The City of Beacon Police Department, the State Police,
the Dutchess County Sheriff's Department, and any other police or
peace officer, as defined in the New York State Criminal Procedure
Law, shall have the authority to enforce waterborne traffic in any
part of the Harbor Management Area by use of authorized regulatory
markers, signals, orders or directions at any time when deemed necessary
in the interest of the safety of persons and vessels or other property.

Fishing. No person shall fish in the Harbor Management
Area in such a manner so as to impede navigation. Vessel-based fishing
in a manner that provides a hazard or inconvenience to navigation
is prohibited.

Littering and discharge of pollutants prohibited.
No person shall place, throw, deposit or discharge or cause to be
placed, thrown, deposited or discharged into the Harbor Management
Area any litter or other materials, including but not limited to any
refuse or waste matter, sewage, petroleum products or by-products,
paint, varnish, dead animals, fish parts or debris of any kind which
renders the waters unsightly, noxious, unwholesome, or otherwise detrimental
to the public health or welfare or to the enjoyment of the water for
recreational purposes.

Marine toilets. No person shall operate a marine toilet
at any time so as to cause or permit to pass or be discharged into
the Harbor Management Area any untreated sewage or other waste matter
or contaminant of any kind pursuant to § 33-c of the New
York State Navigation Law.

Responsibility for sanitation of facilities. The owner,
lessee, agent, manager or person in charge of a marine facility or
water area shall at all times maintain the premises under his/her
charge in a clean, sanitary condition, free from malodorous materials
and accumulations of garbage, refuse, debris and other waste materials.

The owner or other person vested with the possession,
management and control of a marine facility shall provide and maintain
a sufficient number of trash receptacles for the deposit of litter
at locations convenient to vessel users of such marine facilities.
A maximum spacing of 100 feet between receptacles shall be maintained
on all piers and docks. Failure to comply with this provision is a
violation of this chapter.

The owner or other person vested with the possession,
management and control of a marine facility shall maintain suitable
toilet facilities on shore for the accommodation of vessel users who
are patrons of their marine facility. Failure to comply with this
provision is a violation of this chapter.

The owner or other person vested with the possession,
management and control of a marine facility shall post a sign, clearly
visible to vessel owners and operators, that states: "The Navigation
Law of the State of New York provides strict penalties for the discharge
of sewage in the waters of New York State. The local laws of the City
of Beacon prohibit the discharge of litter, sewage, and refuse within
the Beacon Harbor Management Area." Failure to comply with this provision
is a violation of this chapter.

Any sewage pump-out facility required as a condition
of City, state or federal approval of a marine facility in the Harbor
Management Area shall be maintained in proper working order and available
for use as specified in City, state or federal permits. Failure to
comply with this provision is a violation of this chapter.

Abandoned vessels and structures prohibited. No person
shall abandon, sink or place a vessel, mooring or other structure
within the Harbor Management Area where it may constitute a danger
to navigation or to the safety of persons or property, or where it
may prevent optimum use of the area.

Any vessel or other structure abandoned or sunk or
so placed may be removed or relocated at the direction of the Harbor
Manager if corrective action is not taken by the owner, if known,
within seven days after notification, or, if not known, after notice
has been posted for that period on the vessel or object.

Nothing herein contained shall prevent the Harbor
Manager from taking measures with or without notice, if, in its judgment,
such measures are necessary in order to provide for the safety of
persons or property. The expense of such removal or relocation and
any liability from injury to person or property incurred thereby shall
be the responsibility of the owner.

Regulation of floating homes. In order to provide
for adequate access for vessels, for the safety of persons and property,
for the protection of environmental quality, and for the optimum use
of the Harbor Management Area, the City Council or its designated
agent(s) may regulate the use of floating homes in the Harbor Management
Area.

Sleeping aboard vessels on a temporary basis is allowed
as a secondary use to the vessel's principal commercial or recreational
uses, provided that the vessel is berthed at a marine facility and
where consistent with all City, state and federal requirements concerning
anchoring, lighting, taxation and other pertinent concerns, and provided
that land-based support facilities and utilities, including sewage
disposal facilities, are available.

Sleeping aboard vessels moored or anchored within
the Beacon Harbor Management Area on a temporary basis, not to exceed
two weeks, is allowed as a secondary use to the vessel's principal
commercial or recreational uses where consistent with all City, state,
and federal requirements concerning anchoring, lighting, taxation
and other pertinent concerns. For purposes here, the term "moored"
shall only refer to vessels that are attached to the ground by means
of tackle so designed that, when such attachment is terminated, some
portion of the tackle remains below the surface of the water and is
not under the control of the vessel or its operator.

Owner responsibility for secure berthing, mooring
and anchoring. The owner of any vessel berthed, moored or anchored
within the Harbor Management Area shall be responsible for causing
such vessel to be tied and secured or anchored with proper care and
equipment and in such manner as may be required to prevent the vessel
from breaking away.

Owner responsibility for damage. Each person anchoring
or mooring a vessel in the Harbor Management Area shall be responsible
for any damage to that vessel, or to any other vessel or any other
property, caused by that vessel. The City of Beacon assumes no liability
for personal injury or property damage that may result from the use
of unsafe or otherwise inadequate anchoring or mooring tackle and
assumes no risk on account of accident, fire, theft, vandalism or
acts of God related to the anchoring or mooring of vessels in the
Harbor Management Area.

Locations for moorings. No person shall place a mooring
or anchor such that the vessel moored or anchored, at full swing of
its mooring or anchor line will be within 75 feet of the Federal Navigation
Channel of the Hudson River, or within 25 feet of any City- or state-designated
channel, fairway, or within 75 feet from any dock or other marine
facility within the Harbor Management Area.

Regulation of moorings. In order to provide for adequate
access for vessels, for the safety of persons and property, for the
protection of environmental quality, and for the optimum use of the
Harbor Management Area, the City Council or its designated agent(s)
may regulate the placement of all moorings in the Harbor Management
Area in accordance with rules and procedures adopted by the Council.

A person who violates any of the provisions of or
who fails to comply with any conditions imposed by this chapter shall
have committed a violation, punishable by a fine not exceeding $350
for a conviction of a first offense and punishable by a fine of $700
for a conviction of a second or subsequent offense occurring within
a period of five years. For the purpose of conferring jurisdiction
upon courts and judicial officers, each week of continuing violation
shall constitute a separate additional offense.

The City Attorney is authorized and directed to institute
any and all actions and proceedings necessary to enforce this chapter.
Any civil penalty shall be in addition to and not in lieu of any criminal
prosecution and penalty.

This chapter shall take effect immediately upon
its adoption by the City Council, approval by the New York State Secretary
of State pursuant to Article 42 of the New York State Executive Law
and its filing with the New York State Department of State in accordance
with the provisions of the Municipal Home Rule Law.